HomeMy WebLinkAbout09/05/1989 Business Meeting x , 7 2' +
k:n'
.' . . • - -.SEPTEMBER 5, 1989 , '- - -
BUSINESS MEETING
1.... ROLL-CALL •
,.The.City Council met in session on this date at 2:.00 P.M. in the
Council `Chambers of City Hall, Yakima, Washington: Mayor Pat
Berndt, 'presiding, Council members Clarence Barnett, Henry
`- Beauehamp,•.Lynn Buchanan, Jerry Foy and Bernard Sims present on
-.roll- call. - City .Manager Zais, City Attorney Vanek, City ,Clerk
Roberts and Deputy City Clerk Toney also `present. 'Council member
Carmichael absent and excused.
2. - INVOCATION
The Invocation was given by Council member Beauchamp.` .
3 ` OPEN DISCUSSION FOR THE GOOD OF THE ORDER ` `* --- ' '` ` - ' •
Mayor Berndt - reminded' Council members that on` September 13th at
1:00..P.M, on the third floor' -of the County Courthouse.,• there will
-'be -a` ceremony :to hang the Freedom' Shrine' 'documents. She
encouraged Council members'to attend. •
Council member Beauchamp stated he'and Council. member Sims•met with
•Tim`' =Carlson ' who is seeking reappointment' to the .Civil—.Service
Commission and recommended' that' he be reappointed. Therefore, it
''was MOVED BY BEAUCHAMP, SECONDED BY FOY; THAT TIM CARLSON BE
REAPPOINTED TO THE CIVIL SERVICE COMMISSION.., Unanimously carried
by voice vote. Carmichael absent.
III ,
4.', AUDIENCE PARTICIPATION
Mayor Berndt read and presented a proclamation designating the
• month of September as "Yakima Greenway Foundation Month" to •
Barbara Feesey of the Greenway Foundation. Ms. Feesey
accepted the proclamation and spoke briefly about of the
activities planned for the month of September. She ,,encouraged
everyone to take part in the festivities.
Mayor ' Berndt read a proclamation designating•. this week as
• "Centennial Celebration Week" at the Yakima Regional. Library and
,_"encouraged everyone to utilize the public library.
Philip Hull, President of the Allied Arts Council,. read an
"Education Award" to the.. City Council which had been
presented to Mayor Berndt earlier in the week. Mr. Hull thanked
Council members for their support in regard to -the ArtsVan program,
, there are now two ArtsVans operating'in .fifteen parks in
• , ,three cities and E.S.D. 105 Schools throughout Central Washington,
serving more than 3,000 young people. . ,
- Charles Kriz, 5708 Bitterroot Lane, requested information about
how the City has spent the $194,000 for the War On Drugs. He also
asked how much of a decrease has there been in the use of drugs
'since the. Coordinator for the War On Drugs was hired. Mayor Berndt
III pointed out that the $l94,000 .was not all City money;• the funding
' comes from three different sources, and that staff would be able
to provide the information he has requested. Mr. Kriz commented
that it is his opinion that the money could have been more'
appropriately used by . the Police Department. Council
member Sims commented that the drug issue has many facets and is
not an issue that can easily or quickly _ - • resolved'. He'' added
that he finds Mr. Kriz's comments offensive in view of the action
.that the City Council has taken over the past two years regarding
the City's drug problem. Mayor Berndt pointed out to Mr. Kriz
that she also serves on the Governor's Council for Substance Abuse
and has heard many law enforcement officials address the issue of
drug abuse, however, she has yet to hear one of them say that this
A /AD /1
•
250
SEPTEMBER 5, 1989'
is strictly a law enforcement problem; the problem must be
addressed by law enforcement, treatment and prevention programs in
order to be effective. Mr. Kriz concluded his remarks and Mayor
Berndt asked staff to provide the requested information to him.
5. CONSIDERATION OF RESOLUTION DECLARING AN EMERGENCY AND AUTHORIZING
PURCHASE AND INSTALLATION OF STREET LIGHTS ON NACHES AVENUE
WITHOUT CALLING FOR BIDS
Resolution No. D-5627 having been read by title, it was. MOVED BY.
..BEAUCHAMP, .SECONDED .BY SIMS, THAT THE : RESOLUTION°.BE' PASSED. Under
discussion, Council member Barnett stated the street lighting issue
on Naches Avenue, in the vicinity of the Mall, has been discussed
by the Council previously, and' although he feels the need for
improved light is apparent, he does not believe this situation
constitutes an emergency, thereby circumventing the normal bid
procedures. The question was called for a .vote.on the motion.
Motion carried by 4 -2 voice vote. Barnett and Foy voting nay.
Carmichael absent.
RESOLUTION .NO. D -5627, A RESOLUTION authorizing the City to enter
into a contract for the purchase and installation of street
lighting on Naches Avenue from Chestnut Avenue to Yakima Avenue and
from "A" Street to "B" Street in an amount not exceeding $30,000
and declaring that an emergency exists, and that the procurement,
may be made without calling for bids.
6. CONSIDERATION OF RESOLUTION AUTHORIZING PARTICIPATION IN
PUBLICATION OF LOCAL VOTERS' PAMPHLETS
City Attorney Vanek reviewed the information presented on the
agenda cover sheet, ,.stating that Council 'approved the City's
financial participation' in the dedelop and printing of a
voters' pamphlet as presented by County Auditor Ingham on July 11,
1989. Mrs. Ingham indicated she believed the City's share of the
cost would be approximately $4,000 - $8,000, depending upon how many
cities participate in this endeavor. Mr. Vanek explained that the
state statute prohibits the City Council from placing a limit on
the City's financial participation. Additionally, Mr. Vanek
stated Council needs to consider whether they wish to participate
in the publication of the voters' pamphlet on a yearly basis, if
at all. And secondly, he stated the City must make a choice to
place candidates and ballot propositions in the pamphlet. Council
member Barnett proposed that this not be a continuing resolution;
that it be limited to one year so the Council can see how the
pamphlet is going to work and how much it will cost to participate
in the publication of the pamphlet. He suggested the wording of
the resolution be changed to state that it is the intent of the
City to participate only in the 1989 election at this time.
Council member Buchanan stated he prefers to leave the resolution
as it is because it allows the City to discontinue participation
with the passage of an additional resolution. Council member Foy
asked if the City has been notified by County Auditor Ingham as to
how many cities are going to participate. City Clerk Roberts
indicated that she has not been informed in this regard. Council
member Foy said he initially felt this was a good idea, however, he
feels the City should have been given additional information
regarding the number of cities involved and the expected cost.
Council member Foy moved to table this issue but the motion died
for lack of a second. Resolution No. D -5682 having been read by
title at the request of Mayor Berndt, it was MOVED BY BEAUCHAMP,
. SECONDED BY BUCHANAN, THAT THE.. RESOLUTION BE PASSED. Motion
carried by 4 -2 voice vote. Barnett and . Foy. voting nay. Carmichael
absent.
RESOLUTION NO. D -5628, A RESOLUTION authorizing participation by
the City of Yakima in the Yakima County Voters' Pamphlet.
7. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
REGARDING THE HOME OWNERS DEMONSTRATION PROGRAM (CONTINUED FROM
8/15/89 - SEE ORDINANCE)
A /AD /2
SEPTEMBER 5' , 1989 2 51
�$r r
For clarification, City Manager Zais indicated this item is
only for discussion purposes today and no formal action is to be
taken. Director of Community & Economic Development, Glenn Rice,
Housing Manager, Dixie Kracht, and Director of Finance and Budget
John Hanson, were present to respond to Council's questions
regarding the Homeowners Demonstration Program. Mr. Rice stated
the City of Yakima, .in conjunction with the real estate
market, title companies and local financial institutions, propose
to create a local home ownership program using Community
Development Block Grant Funds annually for interest reduction of
private monies borrowed through a line of credit. This would allow
for new home ownership opportunities in the target neighborhood for
individuals who otherwise could not qualify for a conventional
loan. He stated he, Assistant City Manager Stouder, and Housing
Manager Kracht, have been working on the development of this
program for over a year and feel this is a worthwhile and viable
program. Council member Barnett asked that the program handbook
specify that this is a program for single family dwellings. He
indicated that page nine of the ordinance says the properties ...
shall contain no more than four dwelling units. Both Mr. Rice and
Mrs. Kracht stated that specification can be made in the program
handbook. Council member Foy suggested that a clause be
incorporated into the handbook prohibiting a property owner from
prematurely selling the property on •a private contract. Mr. Rice
agreed that that is a valid point and can be incorporated into the
:program handbook: Council., member Sims asked that a recapture
clause be included and staff indicated that will be done. Mr. Rice
stated that no other cities in the state of Washington have this
type of program and that is why it has taken so long to develop
this program. He indicated this type of program is not a standard
loan program that lending institutions have been accustomed to
funding, however, the program has received the support of some of
the local lending agencies. He stated representatives from some of
the lending institutions are present and would like the opportunity
to comment on the issue. Mr. Rice yielded the podium at this time
to allow others a chance to address the Homeowners Demonstration
Program.
John Klingele, 1312 West Walnut, addressed Council regarding this
program, asking if the level of income increases above the 80%
guidelines, will the individual involved be declared ineligible.
Mr. Rice responded, "No, that will not be a problem."
Ines Rice, 4409 West Arlington, expressed concern stating the state
constitution forbids the city to loan or give anything away and she
feels this program violates that fact. Council member Beauchamp
commented that the State constitution makes an exception for the
poor and infirm, and the income guidelines of this program limits
the program to those individuals. Mrs. Rice stated she is very
opposed to this program and she feels it is unclear.
Dave Arkills, First Federal Savings, commented that his agency has
made a commitment to participate in this program if Council
approves it. Mr. Arkills agreed that home ownership creates pride
and this program will create home ownership in the target area
thus eliminating some of the dilapidated homes in the city. He
said First Federal Savings feels this would be a very beneficial
program and will support it if approved today.
Dick Maison, Yakima Valley Bank, commented his office is in the
heart of the target area, at the corner of 6th Street and Yakima
Avenue, and has worked with city staff since 1984 in the
Rehabilitation Program. He indicated he met with Mrs. Kracht and
other city staff initially to discussed how this program should be
implemented. Mr. Maison stated, as a small bank, his agency does
not have the funding to invest millions of dollars into low cost
projects, tut the Homeowners Demonstration Program is a vehicle for
Yakima Valley Bank to participate and help create a better
community. Mr. Maison stated the City should be aware of the 3%
subsidy involved in this program and be willing to risk that loss.
Mr. Maison said that lending agencies that have been involved in •
other programs through the Office of Housing and Neighborhood
A /AD /3
2 5 2 SEPTEMBER 5, 1989
Office have worked very hard to bring other financial institutions
into the program, and have succeeded in bringing one of the local
credit unions into the program. Council member Beauchamp
commended staff and lending agencies for providing this opportunity
to low income people to become homeowners.
Larry Marvin, Yakima Federal, stated he has worked with the Office
of Housing and Neighborhood Conservation in the past and has never
experienced any late payments or losses. He commented that he sees
no reason why this program will not work just as well. To solve
the concern of Council regarding the possibility of a premature
sale, he suggested adding a "due on sale" clause in the loan
agreement which would eliminate that concern.
Council member Foy suggested that Mr. Rice review the tape of
today's Council meeting and respond in writing to the issues
questioned and present them to Council when the program handbook
is brought back before Council. Mr. Rice stated staff will attempt
to have that information ready for the September 19th Council
meeting. This concluded the discussion of the Homeowners
Demonstration Program.
8. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ON
STATUS OF ANNEXATION PROGRAM
It was MOVED BY FOY, SECONDED BY BUCHANAN, TO ACCEPT THE REPORT.
Unanimously carried by voice vote. Carmichael absent. Council
member Barnett asked if the City can limit new retailing outside
the Central Business District (CBD). City Attorney Vanek
explained that the Urban Area Zoning Ordinance passed by the City
Council and the County Commissioners in 1986 contains guidelines
for zoning property including businesses within specifically zoned
areas. He said as long as those guidelines are met within those
specific areas, a new retail business would be allowed. Mr. Skone
explained that the statement in the plan is not the exact statement
that is in the Urban Area Plan. He said the market analysis
indicated that the Central Business District has declined a bit in
its share of the market. The document further stated that one of
the major focuses of the Central Business District is the retailing
function, and that if the CBD is losing a share of the market,
that places the Central Business District in jeopardy. The
downtown study suggests examining the zoning outside the CBD to see
if the City Council is allowing development that may be competing
adversely with the CBD. Mayor Berndt commented that land use
issues are extremely difficult, however, she feels that the fact
that staff is formulating plans in this regard is a step in the
right direction. Council member Foy stated Council also needs to
realize that the existing Urban Area Zoning Ordinance addresses
this issue, therefore, any outside development would be subject to
that ordinance and would qualify if certain criteria are met. Mr.
Foy stated, since the adoption of the Urban Area Zoning Ordinance,
another study has been completed which indicates perhaps the City
needs to reconsider the zoning issue. Council member Foy
commented, I think the Council should be very careful about any
zoning changes after an application for a major project has been
received because that action may have connotations of something
else. He referred to the two letters in the Council packet about
a certain project in which the City has assumed lead agency rather
that the County, stating, Council needs to be cautious about the
concept of applying these kinds of annexations and theories
uniformly and consistently; if not, the Council should discuss the
annexation policy and the City's intent during future business
meetings. Regarding another issue, Council member Foy stated he
has been waiting for over a year- and -a -half for an ordinance
relating to air space easement and staff has yet to present that
item for Council consideration. He urged staff to develop that
ordinance for presentation to Council in the near future. Mr.
Skone commented that the issue of retail development outside the
CBD has been continued to a public hearing on September 20th. A
staff report will be presented on that issue at that time.
A/AD /4
SEPTEMBER 5, 1989 2 5 3
Council member Buchanan commented he would appreciate an updated
city boundary map so Council can determine the location of the
areas annexed. Mr. Skone indicated he will make sure that an
updated map is provided in the future. This concluded discussion
of this item. •
9. REPORT FROM INFORMATION SYSTEMS REGARDING STATUS OF SYSTEM
APPLICATIONS AND OTHER PROJECTS ' -
Information Systems Manager, Rick Pettyjohn, stated this is an
III annual status report and yielded to inquiries from Council. It was
MOVED BY BUCHANAN, SECONDED BY SIMS, TO ACCEPT THE REPORT. Carried
by 4 -2 voice vote. Barnett and Foy voting nay. Carmichael absent.
Council member Foy stated there are two 1990 budget policy issues
listed on page 12 of this report, however, until he sees something
that tells him what action is going to be taken in relationship to
the primary policy issue that has been adopted for the Police
Department, he is not going to support any 1990 budget policy
issues. Mr. Pettyjohn responded that he is not asking for a vote
on the policy issues at this time; he merely wanted the Council to
be aware of what will be forthcoming during the 1990 budget
process.
10. OTHER BUSINESS
Council member .Barnett reminded Council members that the next
Eastern Washington Cities meeting will 'be held October 14th in
Wenatchee. He expressed concern about the poor attendance at the
last meeting, commenting that he questions whether there really is
a consensus of the Eastern Washington Cities. Council member Foy
encouraged Council members to read the memorandum submitted because
it contains the list of priorities and the proposed action that
will be taken by the Eastern Washington Cities to the Association
of Washington Cities. City Manager Zais stated the number one
resolution was for additional, more flexible revenue authority, but
III the other explicit revenue options were developed by the
subcommittee on which he served. He said he presented the options
which were subsequently endorsed as the recommendation of the
subcommittee. Mr. Zais stated that the City of Yakima has had a
lot of influence in the development of the list of AWC priorities
for 1990 and consequently is being noticed by other Washington
cities who are curious about how that has happened.
11. EXECUTIVE SESSION REGARDING PENDING LITIGATION
It was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO MOVE INTO
EXECUTIVE SESSION FOR APPROXIMATELY FIFTEEN MINUTES FOR THE PURPOSE
OF DISCUSSING PENDING LITIGATION, AND .ADJOURN.., - IMMEDIATELY
THEREAFTER. Unanimously carried by voice vote. Carmichael absent.
12. ADJOURNMENT
Following the completion of the Executive Session, the meeting was
adjourned at the hour of 4:15 P.M.
READ AND CERTIFIED ACCURATE BY ,�,�,�,� / " ,4/ ✓ ry
Cam" MEMBE DATE -4aW _ /
III ATTEST: COUNCIL MEMBER DATE •
y, Ce6,4RA .z� co,c, C -mot' yl4 .
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC.
A /AD /5 -
•